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RESOLUTION NO. ~~'5?~ 51
,
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN
AGREEMENT WITH RAMONA B. GUTIERREZ REGARDING THE DEMOLITION OF RESIDENTIAL
BUILDING LOCATED AT 1256 WEST ELEVENTH STREET, SAN BERNARDINO, CALIFORNIA
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO AS FOLLOWS:
SECTION I. The Mayor of the City of San Bernardino is hereby authorized
and directed to execute on behalf of said City an agreement with Ramona B.
Gutierrez regarding the demolition of residential building located at 1256
West Eleventh Street, San Bernardino, California, a copy of which is attached
hereto, marked "Exhi bit A" and incorporated herein by reference as fully as
though set forth at length.
I HEREBY CERTIFY that the foregoing resolution was duly adopted by the
Mayor and Common Council of the City of San Bernardino at a .~~~
thereof, held on the ~7?~ay of ~
1977, ~hefOllOW;9~
~
NAYS:
ABSENT:
The foregoing
~n?ki
/'
~c~t1;ct;P
resolution is hereby approved this! day of
, 1977.
ino
Approved as to form:
'~
FILED
~~.o
C, t ttorney
SEP~ "fJl7
.UCILLE GOFORTH, City elm
~~-
A G R E E MEN T
(demolition of building)
THIS AGREEMENT is made and entered into this
day of
, 19 ,by and between the CITY OF SAN BERNARDINO,
a municipal corporation, hereinafter called "City", and
Ramona B. Gutierrez
, hereinafter
called "Owner(s)".
WIT N E SSE T H:
WHEREAS, Owner(s) is the Owner(s) of a certain lot or
parcel of real property together with a building(s) situated
thereon at
1256 West Eleventh
Street, in the
City of San Bernardino, County of San Bernardino, State of
California and described as follows:
Lot 49 Tract 2349, Hockaday Park, in the City of San Bernardino, County of
San Bernardino, State of California, as per plat recorded in Book 33 of Maps,
page 82, records of said County.
and;
WHEREAS, title to said property is vested in Owner(s) as
follows:
Ramona B. Gutierrez
; and
WHEREAS, said building(s) upon said premises is vacant and
unoccupied; and
WHEREAS, said building(s) is a blight upon the area which
is an impact area designated by the City's Community Development
Department and said building(s) is in a hazardous and dangerous
condition and should be abated; and
WHEREAS, City desires to demolish said building(s) and
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Owner(s) desires to permit City to destroy and demolish said
building(s) upon the terms and conditions as set forth and said
building(s) is a blight upon the designated impact area and is
eligible for the expenditure of Community Development Grant funds
for said demolition; and
WHEREAS, City is agreeable to demolishing and removing
said building(s) from the real property hereinabove described
without any cost to Owner(s) and without the said costs being a
charge or lien upon the real property involved if Owner(s) agrees
to said demolition pursuant to the provisions of this agreement;
and
WHEREAS, Owner(s) represents and warrants to City that
13 there are
14 follows:
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Ii None
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no liens or encumbrances upon said property except as
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18 NOW, THEREFORE, in consideration of the mutual promises,
19 provisions, agreements and legal detriments herein contained, it
20 is agreed as follows:
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1. City shall file all required environmental impact
22 statements, make all required publications, conduct all required
23 hearings, and perform other ministerial functions required to
24 obtain approval for the demolition of the building(s) upon
25 Owner's(s') real property and to receive or be able to use Federal
26 Community Development funds therefor.
2. When said funds are available, City shall use said
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28 funds for the purpose of demolishing the building(s) and
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Istructure(s) upon that real property hereinabove described and
shall obtain a contractor, any necessary liability bonds naming
Owner(s) as an additional insured and all permits necessary to
demolish the said structure(s). City shall supervise and cause
the demolition of the bUilding(s) and structure(s) upon said real
property and shall cause all holes and foot trenches, if any, to
be filled and shall cause the property to be placed in a condition
so that it will drain to the natural fall of the surrounding
terrain.
3. No costs shall be assessed against Owner(s) personally
or against the property involved for any costs or expenses in-
curred in connection with the demolition of the bUilding.
4. Owner(s) hereby agrees to the demolition of the build-
ing(s) and structure(s) upon the real property, ahd does hereby
release the City, its elective and appointive boards, co~missions,
officers, agents and employees from any and all claims for
damages as a result of said demolition of said bUilding(s) and
does, upon completion of the demolition, agree to execute a
general release releasing City from any and all claims in
connection with the abatement.
5. Owner(s) warrants and represents that he is the Owner(s)
of the property with his title as vested in the Second Whereas
clause and that the said property is unencumbered except with the
liens and encumbrances as set forth in the Seventh Whereas clause,
and Owner(s) agrees that he shall not sell, encumber, transfer or
otherwise dispose of said real property or any interest therein
involved hereunder until such time as the bUilding(s) is
demolished as provided for herein unless the transferree of the
property or any interest therein agrees to be fUlly bound by the
provisions of this agreement. Owner(s) hereby agrees to hold the
City. its elective and appointive boards, commissions, officers,
agents and employees harmless from any and all claims for damages
by any person, firm or corporation having any interest in the
property should such person, firm or corporation claim damages as
a result of City's demolition of the building(s) pursuant to the
provisions of this agreement.
6. All notices herein required shall be in writing, and
delivered in person or sent by certified mail, postage prepaid,
as follows:
City Clerk
City Hall
300 North "D" Street
San Bernardino, CA 92418
Ramona B. Gutierrez
1256 West 11th Street
San Bernardino, California
7. Time is of the essence with respect to the provisions
of this agreement.
8. This agreement shall be binding on and inure to the
benefit of the heirs, executors, administrators, successors, and
assigns of the parties hereto.
IN WITNESS WHEREOF, the parties hereto have executed this
agreement on the date first hereinabove written.
ATTEST:
"OVlNER(S)"
By ff~r'TY1~
f3~d~ ;;f;~;j
By
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,M"//tM$~t/
City A orney